Responsabilidade civil do médico nas cirurgias plásticas: uma análise jurídica da culpa do cirurgião plástico

Abstract

The present work has as its object of study the civil liability of the physician in cases of plastic surgery, given the increase in lawsuits in relation to damages arising from these procedures. A topic that, despite being much discussed both in doctrine and in jurisprudence, still does not have a unified position regarding the type of obligation assumed by the surgeon and, consequently, its form of accountability. In this sense, this study aims to investigate the current understanding of the obligation of liberal professionals, whether it is a means or a result, in cases of reconstructive or aesthetic plastic surgery. For this purpose, the theoretical research on the subject was used as a methodology, with content analysis, legislation and jurisprudence. Finally, it is proposed to overcome such dichotomy as the main criterion for solving disputes involving medical civil liability, so that the determination of the plastic surgeon's liability must be carried out in view of the current consumerist legal system and the circumstances of the specific case, it is important to analyze the conduct of this professional regarding the legal duties arising from the provision of the medical service.